How do I make this go away? Reckless driving

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Latest post 01-09-2012 1:55 AM by Sserdna. 17 replies.
  • 12-01-2011 2:28 AM

    • Sserdna
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    How do I make this go away? Reckless driving

         As I was driving home tonight there was a cop that had pulled someone over for some reason. He was finishing his business as some cars and I passed him. A short time later he pulled me over. He claimed that I swerved in and out of multiple cars and then I "took off". I have been driving for five years now and have never gotten a ticket before or have anything else on my record, so I was nervous. I told him I didn't notice that I was swerving inbetween cars and my speed was never brought up. I received a ticket for reckless driving. Thinking about the incident after the fact I have come to the realization that I don't think I deserved the ticket.

         Here is what I remember. The cop was on the side of the road with another car. His lights were on so it was obvious that he was a cop. There were maybe three or four cars in front of me. I wasn't speeding. I may have gone around a car, but definitely not to the point that I would call reckless. I did notice a few seconds after I had passed the cars that I was going a little fast, a little over 80 on the interstate. I slowed down to 70 and then noticed a car was coming up behind me fast. I could not tell it was the cop because it was dark and all I saw were headlights. I turned on my blinker and started moving to the other lane. As I got over his lights came on, so I pulled over. He was a bit aggressive in some of the things he said to me.

         I plan on going to court because I don't believe I deserve the ticket. My plan is to tell them everything I have said above. I also thought about talking about how smart I am. I have tested within the top 1% in the state and, if I remember correctly, the top 5% in the country. Does zipping between multiple cars and then "taking off" right in front of a cop seem like something a smart person would do? People tend to drive slower when they pass a cop even if they were already doing the speed limit. And when a cop or anything else is on the side of the road people tend to clear the closest lane. Why would I have to weave in between cars that were in one lane? He says I weaved in between move cars than I even remember being there. Also, he said nothing about how fast I was going, there were no cameras in the middle of nowhere where we were and it is his word against mine. Any advice?

  • 12-01-2011 4:04 AM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:
     I plan on going to court because I don't believe I deserve the ticket.

    Understand it's not a question of if you "deserve" the ticket, it's whether or not what you did fits the statutory prohibition.

    Sserdna:
    I also thought about talking about how smart I am. I have tested within the top 1% in the state and, if I remember correctly, the top 5% in the country. Does zipping between multiple cars and then "taking off" right in front of a cop seem like something a smart person would do?

    I wouldn't suggest doing that.  By implication, you are saying that only stupid people commit traffic offenses which is absolutely not the case.  Having high test scores doesn't make you a better or safer driver and "smart" people aren't any better drivers than anyone else on the road.   Telling the judge, "I'm smart, therefore, I wouldn't have done what the officer just testified he saw me do," is NOT a winning argument.

    Consult a local attorney.

  • 12-01-2011 4:39 AM In reply to

    • Sserdna
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    Re: How do I make this go away? Reckless driving

    Thank you for your reply. That's not exactly what I meant when I said I was smart, but I see your point. I won't use that. Is there any chance that going to court could get them to take the ticket away? Could going to court make things worse? Do I have to get a lawyer? What is the likelihood that the judge will take my side? What would you suggest I do in this situation? As I said, I have never gotten a ticket before and don't know what to do or expect. I forgot to mention that I got it in Mississippi.

  • 12-01-2011 8:30 AM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:
    Is there any chance that going to court could get them to take the ticket away?

    No.

    Sserdna:
    Could going to court make things worse?

    No.

    A reckless driving citation is already the worst.

    Sserdna:
    Do I have to get a lawyer?

    Would be a good idea to consult one.

    Sserdna:
    What is the likelihood that the judge will take my side?

    Zero.

    The judge hears "I didn't do it" all day every day. He will believe the officer, not you.

    Sserdna:
    What would you suggest I do in this situation?

    The option of going to court and pleading not guilty is a good one because, quite often, the court has a heavy case load and the prosecutor is inclined to offer plea bargains so you get a reduced charge and the city gets its money without taking up the court's time.

    A lawyer would have experience working the system. You wouldn't know how.

    Paying a lawyer might seem like a lot of money, but the consequences of a reckless driving conviction includes immediate cancellation of your car insurance. Getting new insurance after that will cost you triple what you pay now.

    Sserdna:
    I have never gotten a ticket before

    Doesn't matter.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-01-2011 9:26 AM In reply to

    • Sserdna
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    Re: How do I make this go away? Reckless driving

    What if the officer has no proof? I thought I was innocent until proven guilty? The only way he can prove that he saw what he saw (which I don't think he saw because I don't remember doing what he claims I did even seconds after he claims I did it) is if he had a camera on his car. I don't know if he actually does have a camera on his car, but I heard that it is only on when his lights are on, which would definitely show me doing nothing. Triple my insurance seems extreme.

  • 12-01-2011 9:38 AM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:
    What if the officer has no proof?

    The "proof" will be his testimony as to what he observed you doing while driving.  Cops make GREAT witnesses.  They come in uniform, have guns, and know ho to testify in court.  They get training in it. What you lack is a law degree to know how to question him, how to discredit testimony, and how to introduce evidence under court procedure. 

    Who do you think makes a more credible person in court?  Yep, the cop.  

    Sserdna:
    I thought I was innocent until proven guilty?

    You are.  However, DAs are lawyers who know how to present their case in order to get a conviction.  They get paid to make convictions.  Second, judges and juries LOVE cops testimony.  They are viewed as trained professionals and their testimony is given great weight.  

    Sserdna:
    I don't know if he actually does have a camera on his car, but I heard that it is only on when his lights are on, which would definitely show me doing nothing.

    Which might be evidence that a good attorney could use to discredity his testimony.  The problem is they don't always turn the camera on and not all cars are equipped with them.  Plus, if you didn't request the film within a certain time frame it is also possible the camera automatically erases or records over it after a certain time period.

    Sserdna:
    Triple my insurance seems extreme.

    It is one of the WORST offenses other than DUI that will get you a hefty rate increase.  Not to mention the points on your license that won't drop off for 3-5 years depending on state law.  Rack up enough points and you lose your license.

    This is a VERY serious charge and if you want it reduced or to stand a chance on acquittal in court you need a lawyer.  This is NOT a DIY project.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-01-2011 9:58 AM In reply to

    • Sserdna
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    Re: How do I make this go away? Reckless driving

    He called it reckless driving, but he marked careless driving on the ticket. Does that change anything?

  • 12-01-2011 10:52 AM In reply to

    • DPH
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    Re: How do I make this go away? Reckless driving

    Sserdna:
    What if the officer has no proof?

    His testimony will be given great weight.  While I'm not doubting your version of this situation, your only testimony would be that you didn't do it.  I agree with the previous poster that the court will pay a lot attention to the officer's testimony.  Consult an attorney.

     

  • 12-01-2011 11:07 AM In reply to

    • Sserdna
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    Re: How do I make this go away? Reckless driving

    My dad is a firefighter. Would it help much if some of his firefighter friends, who I have known for a long time, came to court and said some good things about me? Also, is there a big difference between reckless driving and careless driving?

  • 12-01-2011 11:13 AM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:

    He called it reckless driving, but he marked careless driving on the ticket. Does that change anything?

    Careless driving is a lesser charge than reckless driving but look on your citation for the statute number. See which one of these it is:

    http://www.mscode.com/free/statutes/63/003/1201.htm

    http://www.mscode.com/free/statutes/63/003/1213.htm

    If it was just the careless driving statute, then the cop gave you a gift of the lesser charge. But by the same token it's a slam dunk conviction because all he needs is to testify that your driving was somewhat erratic and you've already admitted that you swerved around a car and were speeding.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 12-01-2011 11:14 AM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:
    My dad is a firefighter. Would it help much if some of his firefighter friends, who I have known for a long time, came to court and said some good things about me?

    Nope. It isn't like you would be the first person to try that tactic.  The ONLY testimony the court will be interested in is what happened that day that caused the officer to stop you and cite you.  Any character testimony would only be relevant at SENTENCING.  You are trying to minimize the damage by not being charged with the higher offense.  The DA doesn't care how nice your friends think you are.  It will not motivate them to a plea bargain based on that.

    Sserdna:
    Also, is there a big difference between reckless driving and careless driving?

    The penalties are slightly lower but from an insurance standpoint no.  You are also facing a possible license suspension, court fine, mandatory state assessment (more money), and the points on your license.  

    Again, GET A LAWYER if you want to mitigate the damage of this charge.

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 12-01-2011 12:11 PM In reply to

    • Sserdna
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    Re: How do I make this go away? Reckless driving

    Well, thank you all for your comments. I will see what I can do and will let you all know how it goes. It will be a few days.

  • 12-01-2011 12:16 PM In reply to

    Re: How do I make this go away? Reckless driving

    I would consider hiring a lawyer if it were me.

    Sometimes you find them for a flat fee for your case.  

    Reckless driving is not something good to have on your record obviously

    I would also leave the I'm really smart part out of the equation.  Lots of smart people do foolish things.  I'm not at all saying you did anything wrong because I really don't know.  I only know saying something like that, in my opinion, is not going to help.

    Good luck!

     

  • 12-01-2011 12:50 PM In reply to

    Re: How do I make this go away? Reckless driving

    Cops don't just follow someone and pull them over for no reason. 

    Sserdna:
    I also thought about talking about how smart I am. I have tested within the top 1% in the state and, if I remember correctly, the top 5% in the country

    Yeah, that will go over like a lead balloon!    Clearly there are all kinds of intelligence, but common sense is one not easily measured.  Actually, anyone with any kind of intelligence would know what a lousy defense that would be.  By your reckoning, only dumb people would commit crimes and we know that is not true; indeed, it is often the self-satisified types who THINK they are smart enough to get away with anything...but they are sadly mistaken.

     Your dad's firefighter friends would be useless; how would they know your driving that night?  Would YOU know how anyone of them might drive at any given time?  Of course not.  The court doesn't care what non-witnesses have to say about your "character".

    Sserdna:
    there were no cameras in the middle of nowhere where we were and it is his word against mine

    Uh, how do you think they caught criminals before dash cams and DNA?  Your word means nothing compared to the cop's.  I would hire an attorney and NEVER drive like this again; the consequences (no insurance) are too high.  Perhaps this experience will be another lesson you can learn from...if you're as smart as you say.  Good luck.

  • 12-01-2011 2:20 PM In reply to

    Re: How do I make this go away? Reckless driving

    Sserdna:
    What if the officer has no proof?

    The officer has proof. Proof is simply admissible evidence that supports the claim being made. His testimony as to what he observed of your driving is admissible evidence and, if the actions he describes would be careless driving, would be proof that you drove carelessly.

    Sserdna:
    I thought I was innocent until proven guilty?

    The presumption of innocence applies at the trial. What that presumption means is that the state bears the burden of proving its case at trial that you committed the charged offense. You don't have to prove innocence. If the case simply is the cop's testimony vs. your testimony, then the issue will be what version of events does the court believe. Quite often, it will be the cop's testimony that will be believed unless you can cast doubt on his testimony. Your own testimony is weakened by the simple fact that you are the one charged with a crime and thus your testimony is self-serving; i.e. you are trying to get acquitted, and might therefore provide a more favorable version of events than what really happened.

    Sserdna:
    The only way he can prove that he saw what he saw (which I don't think he saw because I don't remember doing what he claims I did even seconds after he claims I did it) is if he had a camera on his car.

    He doesn't need a camera showing what you did. Forget what you see on TV and movies. The state does not need scientific evidence, video or audio recordings, etc., to convict you. Testimony of eye witnesses is good evidence, and that alone can be enough to get you convicted. Here, the cop is the eye witness.

    Sserdna:
    I don't know if he actually does have a camera on his car, but I heard that it is only on when his lights are on, which would definitely show me doing nothing.

    That sounds kind of silly when you think about it, doesn't it? Why would the camera only work AFTER the flashing lights are turned on? Doing that would mean that cops lose the chance to catch video of the offense; they'd only ever record the events of the stop after the offense was committed. No police department I know of limits use of the cameras in that fashion.

    You can ask the state for discovery to see what it intends to use against you at trial. Then you'll know if there is a video and get a copy of whatever video does exist.

    Testifying as to how smart you are is not a good idea for the reasons Gemini mentioned. It would also be inadmissible since (1) you cannot testify to that yourself since it requires an expert witness to establish how you tested and what that means and (2) how smart you are is completely irrelevant to the issue before the court: did you drive carelessly? How smart you are doesn't do anything to shed light on that issue.

    Having firefighter friends come in and testify how well you usually drive also is not admissible because it is not relevant. How well you drove on other occasions does not shed any light on how you drove on this particular occasion. The only witnesses that are worth bringing in on a matter like this are those who observed your driving at the time in question.

    What you need to realize is that all the court will care about is evidence concerning how you were driving at the particular time in question. That's it. Anything that does not shed light on the issue of whether you were driving carelessly at that particular time is worthless. This means you either need to cast doubt on the accuracy of the state's evidence or submit rebuttal evidence of your own as to how you were driving at the time in question. In a case like this, that usually means trying attack the cop's testimony to show that he couldn't see things well or that he didn't remember things well, coupled with your testimony as to how you were driving. If the cop is experienced in testifying in court, it will likely be hard to show weakness in his testimony. That's the situation you are up against.

    I recommend you see an attorney for help if you want the best possible outcome from this.

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